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Union of India (Uoi) Vs. Mohamad Usman

Court : Allahabad

Subject : ArbitrationLimitation

Acts : Arbitration Act, 1940 - Sections 8, 20, 39, 39(1) and 49; Limitation Act, 1908 - Schedule - Articles 158, 178 and 181; General Clauses Act, 1897 - Sections 8; Code of Civil Procedure (CPC)

Reported in : AIR1965All269

set aside and the application under Sections 8 and 20 of the Arbitration Act De dismissed.5. Section 8, Arbitration Act, 1940, provides for the appointment of an arbitrator by the court under the diverse contingencies mentioned in that section. … be so construed as If the words 'under the Code' actually occurred therein, and Section 20, Arbitration Act, repealed and re-enacted paragraph 17 of the Second schedule, Sec. 8 of the General Clauses Act applied and reference

Suresh Chander Vs. Delhi Development Authority

Court : Delhi

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 11, 16 and 20; Limitation Act - Sections 37(3) - Schedule - Article 137; Arbitration and Conciliation Act, 1996

Reported in : 2003IIAD(Delhi)88; 2003(2)ARBLR176(Delhi); 103(2003)DLT35; 2003(67)DRJ234; 2003(1)RAJ583

This is one of the unfortunate examples of the defendants dragging a petition under Section 20 of the Arbitration Act, 1940 for a period of 20 years.2. The brief background of the facts, to the extent required for appreciating … has a bearing on the present case. During the pendency of this petition, the Arbitration Act, 1940 was repealed and the Arbitration and Conciliation Act, 1996 came into force. The Division Bench of this Court, after considering

The Electrical Manufacturing Co. Ltd., Calcutta and anr. Vs. the Cromp ...

Court : Chennai

Subject : ContractArbitration

Acts : Indian Companies Act; Arbitration Act, 1940 - Sections 2, 3 to 19, 20, 21 to 25, 26 to 38, 39 and 40 to 48; Code of Civil Procedure (CPC), 1908 - Sections 20; ;Indian Arbitration Act, 1899 - Sections 23

Reported in : AIR1974Mad261

3407 metric tons of steel. The plaintiffs, therefore, have filed the present application under Section 20 of the Arbitration Act, 1940, for the reliefs mentioned therein contending that the agreement dated nth July, 1962 and the supplemental agreement dated … of the Arbitration Act, 1940, which, as already stated, is a consolidating enactment relating to arbitration and which repeals the 1899 Act and the Second Schedule to the Code, with special reference to the use of the

The Electrical Manufacturing Co. Ltd. and anr. Vs. the Crompton Engine ...

Court : Chennai

Subject : Arbitration

Reported in : (1973)2MLJ424

3407 metric tons of steel. The plaintiffs, therefore, have filed the present application under Section 20 of the Arbitration Act, 1940, for the reliefs mentioned therein contending that the agreement dated nth July, 1962 and the supplemental agreement dated … of the Arbitration Act, 1940, which, as already stated, is a consolidating enactment relating to arbitration and which repeals the 1899 Act and the Second Schedule to the Code, with special reference to the use of the

Union of India (Uoi), Through the Director of the Indian Veterinary Re ...

Court : Allahabad

Subject : Arbitration

Acts : Limitation Act, 1908 - Schedule - Article 181; Arbitration Act,1940 - Sections 20

Reported in : AIR1969All518

A difference having arisen between the parties, the appellant filed an application under Section 20 of the Indian Arbitration Act, 1940 before the learned Civil Judge, Bareilly, The application was opposed, inter alia, on the ground that it was … the Indian Arbitration Act, 1940. It was designed to consolidate and amend the law relating to arbitration. It repealed the provisions in the Code of Civil Procedure relating to arbitration. It also effected consequential amendments in Articles

Spedra Engineering Corporation Engineers and Contractors, Bhopal Vs. S ...

Court : Madhya Pradesh

Subject : ArbitrationConstitution

Acts : Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 - Sections 7, 7(1), 18, 19 and 20; Constitution of India - Aricles 14, 254 and 254(2); Arbitration Act, 1940 - Sections 30; Code of Civil Procedure (CPC) - Sections 115; Madhya Pradesh General Clauses Act - Sections 10

Reported in : AIR1988MP111

amongst the three names submitted. The arbitration has to be conducted in accordance with the provisions of the Arbitration Act, 1940, or any statutory modification thereof. Performance under the agreement shall continue during arbitration proceedings and payments due to … of the Constitution, all existing laws are to continue unless altered or repealed. Since Arbitration Act has not been repealed by express provision in the … public undertakings. Under Section 19, the High Court has been given power of revision against any award. Under Section 20(1) notwithstanding anything contained in the Arbitration Actor in any agreement or usage to the contrary, no civil court

M/S. Rose Advertising Vs. M/S. Delhi Transport Corporation

Court : Delhi

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 20; Arbitration and Conciliation Act, 1996 - Sections 21

Reported in : 2001IIIAD(Delhi)513; 90(2001)DLT834; 2001(2)RLR262

making of appointment of the arbitrator the Arbitration Act, 1940 already stood repealed. No appointment could have been made by the Chairman-cum-Managing Director by invoking … arbitration clause. Since the request of the appellant was again not acceded to, on 16.1.1996 a petition under Section 20 of the Arbitration Act, 1940 was filed by the appellant. Notice of this petition was issued to the … ORDERDevinder Gupta, J.1. Whether the Arbitration Act, 1940 (Act No. 10 of 1940) or the Arbitration and Conciliation Act, 1996 (Act No. 1 of 1996) would

Saha and Co. Vs. Ishar Singh Kripal Singh and Co.

Court : Kolkata

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 15 to 17 and 30 to 33; ;Code of Civil Procedure (CPC)

Reported in : AIR1956Cal321,60CWN471

legislative history on this branch of jurisprudence, the past decisions on the repealed Law and the decisions on the- new Arbitration Act, 1940 is of … certain Division Benches, we referred to the decision of a Full Bench the following questions:1 Does the Indian Arbitration Act, 1940, distinguish between an application for setting aside an award and an application for the adjudgment of an award … to the Court to supersede arbitration presumably on application made to it.Then begins the short Chapter III of Section 20 which contemplates application to file arbitration agreements which are registered as suits. Then Chapter IV of the Act

Jet Airways (India) Limited, a Co. and ors Vs. Mr. Subrata Roy Sahara, ...

Court : Mumbai

Subject : Arbitration and Conciliation

Acts : Arbitration and Conciliation Act, 1996 - Section 9, 36, 37, 49, 50, 16, 17, 46, 47 and 48, 19, 41; Income Tax Act, 1961 - Section 156; Code Of Civil Procedure 1908 - Section 47, 104 (1), 115, 2(2), 104, 47 rw Order 21; Arbitration Act, 1940 - Section 49, 39; Maharashtra Act 17 of 1986 - Section 3; Presidency Towns Insolvency Act, 1909 - Section 9(2); SICA Act - Section 22; Specific Relief Act, 1877 - Section 9

Conciliation Act, 1996 (1996 Act), Letters Patent of the High Court, Bombay, Code of Civil Procedure, 1908, and Arbitration Act 1940 (the 1940 Act). A. PROVISIONS OF ARBITRATION AND CONCILIATION ACT, 1996 : (a) Section 2(e) defines the word … 49 of the said Act (Act No. 10 of 1940) inter alia repealed sub-clauses (a) to (f) of Section 104 (1) of the Code. The … came into force on 1/2/1977), the words "section 47 or" were also part of the definition. (b) By section 20 of the aforesaid Act 104 of 1976 sub- section 2 of section 47 of the Code was omitted.

M/S. Reshma Constructions Vs. State of Goa

Court : Mumbai

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 14, 20, 26, 30 and 85; Arbitration and Conciliation Act, 1996 - Sections 33, 34, 36 and 85; Limitation Act, 1963 - Sections 14; The Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961

Reported in : 1998(3)BomCR837; 1999(1)MhLj462

Arbitration and Conciliation Act, 1996 (hereinafter called as 'the new Act') to the arbitration proceedings commenced under the Arbitration Act, 1940 (hereinafter called as 'the old Act') and which were pending for disposal at the time when the new … Foreign Awards (Recognition and Enforcement) Act, 1961 (XLV of 1961) are hereby repealed. (2) Notwithstanding such repeal,- (a) the provisions of the said enactments shall … Government of Goa failed to appoint an arbitrator within the prescribed time, the petitioner filed an application under section 20 of the old Act in the Court of Civil Judge, Senior Division at Margao, which was registered as